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Starting a Food Business
What You Need To Do
Community Groups
Food Safety Programs
Food Safety Supervisor
The Food Act 1984 requires that all businesses that manufacture, sell, handle, prepare, package, store, serve, supply, or repackage food must be registered with their local council. There are two exceptions, namely raw meat and seafood manufacturers, processers and retailers (licensed by PrimeSafe) and dairy manufacturers and distributors (licensed by Dairy Food Safety Victoria).
What You Need To Do
In order for Council to register your food business you need to:
- Obtain Council pre-registration approval, including a final inspection of the premises using the
Pre-Registration Approval Food Public Health and Wellbeing Act Premises (174.75kB) form and pay the establishment fee
- If you submit plans they will be assessed by an Environmental Health Officer who will either send back a copy of your endorsed plans and a covering letter or request further information
- Once the fit out of the premises is completed a final inspection is conducted to assess compliance with the requirements of the Food Act and Food Standards Code. When the Environmental Health Officer is satisfied that the premises complies, a Registration of New Business Application Form will be given to you which you will need to complete and return to Council
- Pay the registration fee. This will vary depending upon your risk classification and the time of year that you apply
- Class 1 and Class 2 food businesses must have a Food Safety Program
- Class 1 and Class 2 food businesses must nominate a Food Safety Supervisor and provide a copy of their qualification to Council.
- Class 3 food businesses must maintain minimum records:
Requirements for fixed Class 3 food premises (196.50kB)
- Class 4 food businesses must notify Council (no fee payable).
Council will then issue a Certificate of Registration under the Food Act (except Class 4), allowing the business to open to the public.
Your premises must not open prior to receiving the Certificate of Registration. Under the Food Act, it is an offence to operate a food business without being registered. A penalty infringement of five penalty units for an individual or 10 penalty units for a body corporate can apply. For the current value of a penalty infringement notice, visit the Office of the Chief Parliamentary Counsel.
What Class of Food Premises?
Use the Department of Health Classification Tool to determine your class of food premises.
All registrations expire on 31 December every year and must be renewed prior to that date.
Community Groups
Different definitions apply to community groups: Guide to food safety regulation for community groups (1.57MB).
Class 2: community groups that prepare high-risk food that is cooked, refrigerated and then reheated. For example, festivals selling rice dishes which have been pre-cooked, stored in a coolroom and then reheated; or that prepare and sell high risk foods that include raw ingredients that are not subject to a 'kill step'. These community groups must register with Council and have a Food Safety Program (based on a template). Community groups in this class do not require a Food Safety Supervisor.
Class 3: community groups that handle and sell high risk food, cooked with the intention that the food is sold for immediate consumption, such as hamburgers, egg and bacon rolls etc. These community groups must register with Council and keep mimimum records: Food safety guide for community groups Class 3 (3.74MB)
Class 4: community groups operating a sausage sizzle (sausage, sauce, onion and bread only); selling tea, coffee, biscuits, pre-packaged or covered cakes (without cream); or selling low risk, pre-packaged, foods. The event/activity can run for no more than two days at a time. These community groups must notify Council.
Food Premises Pre-registration Application
All new food businesses should submit two copies of floor plans and specifications in accordance with Council's Guidelines for registering commercial food premises (652.50kB) for the design and construction of food premises. Plans and specifications should be drawn to a scale of not less than 1:100 showing:
- The layout of all fixtures, fittings and equipment
- A description of materials to be used for surface finishes including walls, floors and bench tops
- Locations of waste disposal area, bin wash area, storage areas, toilets, cleaner’s sink etc.
Download, complete and return the Pre-Registration Approval Food Public Health and Wellbeing Act Premises (174.75kB) form to Council with two sets of plans and the fee. Please contact Council's Environmental Health Unit on 9262 6197 to obtain the fee.
Food Safety Program
It is a legal requirement for all Class 1 and Class 2 food businesses to have a Food Safety Program in place before they open. A Food Safety Program is a written plan that shows how your business will manage the safety of the food you prepare, serve, manufacture or sell.
The Food Safety Program can be based on a Department of Health approved template (a standard FSP) or be an Independent (or non-standard) FSP (audited by a third party auditor).
A hard copy of the Department of Health Template 1 version 2 (for Class 2 Retail and Food Service Businesses) is available from the Whitehorse Civic Centre or downloaded from the Department of Health website.
A computer generated template can be created at www.foodsmart.vic.gov.au (a copy must be printed off and kept at the food premises).
Further information regarding Food Safety Programs can be found at the Department of Health website.
Food Safety Supervisor
Class 1 and Class 2 food businesses will need to have a nominated Food Safety Supervisor. This person will be responsible for the implementation of the Food Safety Program. The Food Safety Supervisor is a person who:
- Knows how to recognise, prevent and alleviate the hazards associated with food handling at the premises
- Has a Statement of Attainment that shows the required food safety competencies from a Registered Training Organisation (RTO)
- Has the ability and authority to supervise other people handling food at your premises and ensure that food handling is done safely.
All Class 1 and Class 2 food businesses are required to provide Council with the name and qualifications of the Food Safety Supervisor. This is usually done by submitting a copy of the Food Safety Supervisor’s Statement of Attainment. Further information regarding the roles and responsibilities of the Food Safety Supervisor can be found at the Department of Health website.